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How Should I Deal with Domestic Violence?

 Posted on February 19, 2024 in Domestic Violence

IL family lawyerDomestic violence is, unfortunately, a very common occurrence. In fact, the Centers for Disease Control have stated that millions of Americans are affected by domestic violence every year. When someone is a victim of domestic violence, it can be extremely difficult for them to leave the situation, considering all the ways they will need to start over, but no one should have to suffer through the awful experience of being abused in their home or by a relative. If this describes you, please know that you have options, and a Wheaton, IL family law attorney can help.

Order of Protection

Victims of domestic violence can file a petition for a restraining order, officially called an Order of Protection. This order restricts the abuser from coming within a certain distance of and contacting you and/or your children, depending on the specific circumstances. If your abuser violates this order, they can be arrested and incarcerated, so they will be motivated to abide by it.

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Steps in an Uncontested Divorce

 Posted on February 09, 2024 in Divorce

IL divorce lawyerWhile we have all seen the familiar scenes on screen of a bitter divorce being settled in a tense courtroom with a judge banging their gavel and calling everyone to order, reality can often be quite different. Some couples dissolve their marriage amicably. Even though they no longer feel it makes sense for them to stay married, they might still have positive feelings towards each other. Even if they no longer feel the love, if the two spouses are good parents, they might manage to put aside their personal feelings for the sake of their child, even wanting their future ex to be granted a fair division of property and time with the child, to benefit the child. In cases where the couple is interested in avoiding animosity, an uncontested divorce can sometimes help prevent the divorce proceedings from turning into unnecessary fighting. If you and your spouse want to divorce but prefer to avoid getting dragged into fights and zero-sum games, you should speak with an experienced Wheaton, IL divorce lawyer to see whether an uncontested divorce might be something to aim for in your case.

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How Is the Fate of a Family Home Decided in an Illinois Divorce?

 Posted on January 27, 2024 in Divorce

Blog ImageOne issue that is stressful for a couple amid the divorce process is that of property division. On the one hand, there is the monetary value to think about. On the other hand, there are emotional and logistical considerations to take into account. The family home can be a source of memories, and whether they are good memories or painful ones can affect whether someone wants to stay in it after a divorce. It can also be a source of shelter and security and can provide a sense of stability to children who may be involved. Suffice it to say, deciding what to do about your family home is no simple matter. An experienced DuPage County, IL divorce lawyer can explain your options and help you figure out how to proceed.

Possibilities for Your Family Home

Whatever you end up deciding about your family home will be influenced by your unique circumstances and experience in that home. Before making this decision, you should give yourself time and space to consider how you feel and what would best serve your interests. 

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Can I Stop Paying Child Support if I Get Laid Off?

 Posted on January 10, 2024 in Child Support

Wheaton, IL child support lawyerOne of the best-known facts of life is that things change. For better or for worse, you can plan something for your future and then find that your situation is extremely different just a few years later and your plans are no longer relevant. The same is true for plans made as part of a divorce settlement

You might have been gainfully employed at the time of your divorce and have committed to pay a certain sum in child support. The amount that would make a huge difference in your ex’s ability to cover childcare costs might not have even been something you considered a lot at the time. However, if you are unexpectedly laid off from your job and suddenly find yourself nervous that you might not be able to cover your monthly expenses, things can become more complicated. If you pay child support and have lost your job, you should speak with an experienced Wheaton, IL child support attorney to help you make sense of a confusing situation.

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How Family Violence Affects a Child’s Well-Being

 Posted on December 20, 2023 in Domestic Violence

Blog ImageChildren who witness domestic violence or who experience the violence first hand will likely suffer both short and long-term damage. The short-term damage is often obvious but the long-term damage can go unnoticed well into adulthood. When domestic violence arises in a household, whether you require immediate support for your children or an order of protection for yourself, it is a good idea to involve a lawyer as soon as possible.

Short-Term Effects of Domestic Violence in Children

Children can be affected in many ways after witnessing or experiencing domestic violence from a family member, especially one of authority. The age in which the violence takes place is also a factor in how it will affect them. A minor child may have no idea what is going on when it occurs or have no understanding of why it is happening in the first place. An older child may simply feel powerless to prevent it.

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The Basics of Illinois Parenting Time

 Posted on December 07, 2023 in Child Custody

DuPage County, IL visitatin lawyerEvery parent’s situation is different and as such it can be difficult to create a perfect parenting time schedule. Oftentimes a 50/50 split is not the best solution and, in cases where parents cannot agree or there are questions of parental fitness, it may be up to the court to determine the best interest of the children and the appropriate parenting time schedule. Illinois prefers that each child has two involved parents in their life so long as it does not affect the mental, physical, emotional, or moral well-being of the child. For a deeper understanding of how parenting time is allocated, speak with an experienced attorney.

Parenting Time As Defined By Illinois Law

Formerly known as visitation or physical custody, parenting time involves how much time a parent can spend with their child. It covers the rights and responsibilities each parent has to their children after a divorce. Parenting time will determine where a child’s permanent residence is located, how often that child will spend with each parent, the responsibilities of each parent when the child is with them, and the means of transportation between visits.

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Top Reasons For a Postnuptial Agreement

 Posted on November 22, 2023 in Family Law

DuPage County family lawyerEven the most happily married couples can benefit from drafting a postnuptial agreement. Though it may have been better to sign a premarital agreement before tying the knot, a postnuptial agreement can still enable both parties to protect their interests in the event the blissful union comes crashing down in the future. For help with drafting either a premarital agreement or postnuptial agreement, consult an experienced and qualified lawyer.

What is a Postnuptial Agreement?

Premarital agreements occur before getting married. Both parties sign a contract defining what belongs to them and remain with them should a divorce happen sometime after saying their vows. A postnuptial agreement, or postmarital agreement, is similar but happens after the marriage has already started.

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The Benefits of Collaborative Law in Illinois Divorce

 Posted on November 06, 2023 in Divorce

DuPage County divorce lawyerTraditional divorce litigation can be mentally, emotionally, and financially draining for both parties. Contested divorces are oftentimes extremely ugly as much as they are expensive. Collaborative divorce is a terrific alternative that could lead to a more amicable divorce settlement. Collaborative divorce requires legal representation. A skilled and experienced divorce attorney who understands collaborative law can be a boon to your efforts.

What is Collaborative Law?

Collaborative divorce differs from traditional litigation in that it is an entirely voluntary process that allows couples to try and work out their differences away from the typical courtroom drama. Rather than trying to “win” the divorce, couples will have a chance to come to terms on contested issues in a less hostile setting. The focus in a collaborative divorce is to respect both parties’ wishes and concerns and try to create the best outcome for both parties and their children. The process requires a participation agreement signed by both parties and their lawyers.

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How to Spot an Adoption Scam

 Posted on October 20, 2023 in Family Law

DuPage County adoption lawyerThe thought of bringing a child into your loving home should be one of joy and anticipation. Housing a child in need of a family is a tremendous display of bravery and commitment. However, there are those in the world who are corrupt and would choose to rain on your parade through deceptive tactics. Choosing to adopt means remaining vigilant to possible adoption scams and professionals out to disrupt your happiness. Though not necessary, seeking legal counsel and support from a trusted and experienced attorney before engaging in the adoption process is highly recommended.

Common Adoption Scams

Adoption scams can occur in situations that you may not expect otherwise. The most common, according to many wrongful adoption cases, comes directly from the agencies where adoption takes place. Oftentimes, the adoption agency may fail to provide the full background information on a child to the adoptive parents.

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Is a Prenup a Good Idea for Me?

 Posted on October 09, 2023 in Prenuptial Agreement

Wheaton, IL prenuptial agreement lawyerGetting married is a big decision you do not want to take lightly. One thing to think about is all of the financial implications of getting married before you say "I do." A good way to protect your finances and assets is with a prenuptial agreement (prenup), also known in Illinois as a premarital agreement.

Whether or not a prenup is a good idea will depend on your individual circumstances. Having an in-depth discussion with an attorney is a great idea if you are currently leaning toward the side of uncertainty.

What Can I Include in a Prenup?

Premarital agreements can cover various topics under Illinois statute 750 ILCS 10/4:

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